Judge dismisses singer’s petition for little Mercy

Apr 3, 2009 15:39 GMT  ·  By

More than a handful of celebrities have jumped on the adoption bandwagon, turning to impoverished countries for the future members of their family. One such celebrity is also Madonna who, over the past days, has been in Malawi in view of leaving for the US with a three-year-old girl named Mercy. According to The Associated Press, a judge just ruled that the adoption was a no-go because it would encourage child trafficking.

Although both Madonna’s publicist and her lawyer have repeatedly told the media over the last couple of days that the singer should face no opposition as regards another adoption from Malawi, it seems that the judge saw things from a different perspective. According to the ruling, granting the adoption petition to a person who does not live in the country could encourage “trafficking of children by some unscrupulous individuals” by setting a precedent.

The judge said that, because Madonna did not have residency in the country, her example could be used by others to take children and then leave, disappear without a trace. A mention was made as well to the case of David Banda, whom the singer adopted in 2006 and then took to the US before the adoption was finalized in 2008, with the judge labeling it as a loop in the system. However, the same won’t happen again, it was further said.

In court papers filed before today’s ruling, Madonna argued that the girl’s grandmother was unable to support and provide for her financially. “I am able and willing to securely provide for Chifundo James and make her a permanent and established member of my family. To deny Chifundo James the opportunity to be adopted by me could expose her to hardship and emotional trauma which is otherwise avoidable.” the singer said in the affidavit, according to the AP.

However, Madonna’s petition for the adoption of the girl did spark some controversy, with several groups in the US and other countries saying that she shouldn’t be given preferential treatment simply on the grounds that she was a star. “Mercy James is a child who has her extended close family members alive and we urge Madonna to assist the child from right here.” the Human Rights Consultative Committee said last week, suggesting that adoption should be the last resort, and that the singer could help the child without removing her from the country.

Madonna can appeal today’s ruling with Malawi’s Supreme Court, the AP further informs. As of now, neither the singer nor her publicist has made any comments regarding the decision.